HomeMy WebLinkAbout04-0591
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No, oV. :/91 ~ f'v-
UPPER ALLEN TOWNSHIP,
Plaintiff
KLP ENTERPRISES, INC.,
t1d/b/a L1NDHAM COURT
APARTMENTS
: CIVIL ACTION
Defendants
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a
copy of which is attached to the complaint filed in this action, I appear for the Defend-
ant(s) and confess judgment in favor of the Plaintiff(s) and against Defendant(s) as
follows:
(Principal) (Penal) Sum
Interest
Attorneys' Fees
$75,504.14
$ 2,263.77
$ 7,500.00
Total
$85,267.91
Attorney for De~)
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 0'/.59/ CiuJ --r;-.-
UPPER ALLEN TOWNSHIP,
Plaintiff
KLP ENTERPRISES, INC., t1d/b/a
L1NDHAM COURT APARTMENTS
Defendants : CIVIL ACTION
: CONFESSION OF JUDGMENT
NOTICE
To: KLP ENTERPRISES, INC.,
T/d/b/a L1NDHAM COURT APARTMENTS
You are hereby notified that on j~", lv, 2004, judgment by confession
was entered against you in the sum Of~J2,4!J;'~~~...~(~ Dollars ($ f3~,1t.. "f. <1 I),
in the above-captioned case. v (J4....:t~ R Hff-{-V"-" ~q~
Date: 1~ I~ :20()<( f!/.
Prothonotary
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
I hereby certify that the following is the address of the Defendant(s) stated in the
certificate of residence: KLP Enterprises, Inc.
1101 Lindham Court, Apt 704
Mechanicsburg, PA 17055
UPPER ALLEN TOWNSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No.
KLP ENTERPRISES, INC.,
tld/b/a L1NDHAM COURT
APARTMENTS
: CIVIL ACTION
Defendants
: CONFESSION OF JUDGMENT
COMPLAINT
1. Plaintiff, UPPER ALLEN TOWNSHIP, is a first-class township municipal-
ity organized and existing in accordance with the laws of the Commonwealth of
Pennsylvania and having its principal offices located at 100 Gettysburg Pike,
Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055 (hereinafter the
"Township").
2. Defendant, KLP ENTERPRISES, INC., tld/b/a LINDHAM COURT
APARTMENTS, is a Pennsylvania business corporation, having its principal offices
located at 1101 Lindham Court, Apartment 704, Mechanicsburg, Upper Allen Township,
Cumberland County, PA 17055 (hereinafter "KLP").
3. KLP is the owner of real property, or is the party responsible or liable
therefor, located at 1101 Lindham Court, Building Nos. 1 through 8, Mechanicsburg,
Upper Allen Township, Cumberland County, Pennsylvania, Tax Parcel Number 42-24-
0792-006-90.
4. On 7 August 2003, for good and valuable consideration, KLP (by Keith L.
Plasterer, President) executed a Promissory Note in favor of the Township in the
amount of Seventy Five Thousand Five Hundred Four Dollars and Fourteen Cents
($75,504.14), (hereinafter the "Note"), authorizing judgment by confession for the face
amount, as well as for attorneys' fees and costs. A true and correct reproduction of the
original Note is attached hereto as "Exhibit 1."
5. Judgment is not being entered by confession against a natural person in
connection with a commercial credit transaction.
6. Judgment has not been entered on the Note in any other jurisdiction
heretofore,
7. The Note authorizes entry of judgment by confession against KLP and
acceleration of all liabilities of KLP due the Township, namely: Seventy-Five Thousand
Five Hundred Four and 14/100 Dollars ($75,504.14), upon KLP's default of certain
events, which are as follows:
a. KLP has repeatedly failed to make timely payments as required by the
Note from 11 August 2003 to this date, and KLP is delinquent, as re-
flected in the attached statement (attached as "Exhibit 2"), in the principal
amount of Thirty Thousand Five Hundred Four and 14/100 Dollars
($30,504.14)
b. KLP has failed to make timely and full payment of quarterly sewer
charges due the Township as required by the Note, with an outstanding
balance due through the fourth quarter of 2003 of Thirty-Two Thousand
One Hundred Nine and 30/100 Dollars ($32,109.30).
8. The Note requires KLP to pay ten per cent (10%) interest on the outstand-
ing principal liability due from 7 August 2003, which shall be part of the judgment and
as of 31 January 2004 amounts to Two Thousand Two Hundred Sixty-Three and
77/100 Dollars ($2,263.77).
9. On 18 December 2003, the Township, by its attorneys, demanded
payment and gave notice to KLP and its counsel of the Township's intent to enter
judgment more than seven days hence, as set forth in the copy of the letter attached
hereto as "Exhibit 3."
10. The Township continues to demand payment, but KLP has failed and
refused to pay the full amount required.
-2-
11. The Township has incurred and will incur filing fees, interest, court and
service costs and Seven Thousand Five Hundred Dollars ($7,500.00) in attorneys' fees
in the collection of this matter.
WHEREFORE, the undersigned requests judgment be entered in its favor of
Upper Allen Township against the Defendant, KLP ENTERPRISES, INC., as follows:
Seventy-Five Thousand Five Hundred Four and 14/100 Dollars ($75,504.14) acceler-
ated principal liability of KLP to the Township, Two Thousand Two Hundred Sixty-Three
and 77/100 Dollars ($2,263.77) simple interest through 31 January 2004, and Seven
Thousand Five Hundred and 00/100 Dollars ($7,500.00) in attorneys' fees, plus court
costs and post-judgment interest at ten percent (10%) per annum.
MILLER & ASSOCIATES, PC
Dated: yf~'1
~
William E. Miller,
1822 Market eet
Camp Hill, 17011
Attorney I No. 07220
(717) 737-9210
-3-
VERIFICATION
The undersigned, RICHARD S. LASKEY, hereby verifies and states that:
1. He is Assistant Township Manager and Acting Township Manager of
UPPER ALLEN TOWNSHIP, Plaintiff herein;
2. He is authorized to make this Verification on its behalf;
3. The facts set forth in the foregoing Complaint are true and correct to the
best of his knowledge, or information and belief; and
4. He is aware that false statements herein are made subject to the penal-
ties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities.
Dated: ~ffr
"
PROMISSORY NOTE
$75,504,14 Mechanicsburg, Pennsylvania
~ ,2003
~/9
FOR VALUE RECEIVED, KLP ENTERPRISES, INC.., t/dlb/a LindhaID Court
Apartments, a Pennsylvania business corporation, v.ith its principal offices located at 1101 Linclharn
Court, Apartment 704, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania
(hereinafter the "Maker"), promises to pay to UPPER ALLEN TOWNSHIP, a Pennsylvania first
class township municipality, v.ith its principal office located at 100 Gettysburg Pike, Mechanicsburg,
Upper Allen Township, Cumberland County, Pennsylvania, or its successors or assigns (hereinafter
the "Payee"), the principal sum of Seventy-Five Thousand Five Hundred Four and 14/1 00 Dollars
($75,504.14), lawful money of the United States of America, plus interest at the rate often percent
(10%) on the unpaid principal outstanding from time to time, payable in installments on or before the
dates stated: 'Y?J
4...& I J ,.;l.o.. t/ 6tr
$ 5,000, plus interest, paid on or before~' 2004
$ 5,000, plus interest, paid on or before 15 August 2003
$ 5,000, plus interest, paid on or before 31 August 2003
$10,000, plus interest, paid on or before 30 September 2003
$10,000, plus interest, paid on or before 31 October 2003
$10,000, plus interest, paid on or before 30 November 2003
$10,000, plus interest, paid on or before 31 December 2003
$10,000, plus interest, paid on or before 31 January 2004
$10,504.14, plus interest, final balloon payment of all outstanding
principal and interest, paid on or before 29 February 2004
The Maker has the privilege to prepay the principal in whole or in part at any time or times without
penalty. In the event the Maker should be in default in making any installment payment due
hereunder, the remaining unpaid balance shall become i=ediately due and payable in full.
On the happening of any of the following events, each of which will constitute a default under
this Note (an "Event of Default"), all liabilities of Maker to Payee shall become i=ediately due and
payable in full: (1) failure of Maker to make any principal or interest payment required hereunder
when due; or (2) the failure of Maker to make full payment of outstanding quarterly sewer charges
to Upper Allen Township when due on the premises known as 1101 Lindharn Court, Building
Numbers I through 8, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania,
Tax Parcel Number 42-24-0792-006 90, in accordance with the following schedule: Second quarter
of2003 due on or before 30 September 2003, third quarter of2003 due on or before 31 December
2003, and fourth quarter of2003 due on or before 31 March 2004.
Exhibit 1
KLP Promissory Note
Page ] 00
The Payee shall mail to Maker and its legal counsel a notice of default and of intent to enter
judgment, if Maker fails to cure the then default within seven (7) days after such notice, addressed
as follows:
KLP Enterprises, Inc.
1101 Lindham Court, Apartment 704
Mechanicsburg, PA 17055
Anthony P. Tabasso, Esquire
Klehr, Harrison, Harvey, Branzburg & Ellers, LLP
260 South Broad SL
Philadelphia, P A 19102
In all other respects, the Maker hereby waives presentment, protest, demand, notice of nonpayment
and all other notices in connection with the delivery, acceptance, performance or enforcement of this
Note. Any failure or delay of the Payee to exercise any right hereunder shall not be construed as a
waiver of the right to exercise the same or any other right at any other time or times, The waiver
by the Payee ofa breach or default of any provision of the Note shall not operate or be construed as
a waiver of any subsequent breach or default thereof The Maker agrees to reimburse the Payee for
all reasonable expenses, including reasonable attorneys' fees, incurred by the Payee to enforce the
provisions of this Note and collect the Maker's obligations hereunder.
MAKER IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF
ANY COURT OF RECORD TO APPEAR FOR MAKER IN ANY SUCH COURT (upON THE
OCCURRENCE OF AN EVENT OF DEF AUL T HEREUNDER AND F AlLURE TO CURE AS
SET FORTH HEREIN) AT ANY TIME TO WAIVE THE ISSUANCE AND SERVICE OF
PROCESS AND TO CONFESS AND ENTER JUDGMENT AGAINST MAKER AND IN FAVOR
OF PAYEE FOR SUCH AGGREGATE AMOUNT AS IS UNPAID, TOGETHER WITH COSTS
AND ATTORNEYS' FEES. MAKER HEREBY RATIFIES AND CONFIRMS ALL THAT THE
ATTORNEY MAY DO BY VIRTUE HEREOF AND WAIVES AND RELEASES ALL ERRORS
WHICH MAY INTERVENE IN SUCH PROCEEDINGS, IF A COPY OF TIllS NOTE SHALL
BE PRODUCED IN ANY PROCEEDING BROUGHT UPON THE WARRANT OF ATTORNEY
CONTAlNED IN TIllS PARAGRAPH, SUCH COPY SHALL BE CONCLUSIVE EVIDENCE
OF SUCH ATTORNEY'S AUTHORITY TO TAKE THE ACTION SPECIFIED HEREIN AND
IT SHALL NOT BE NECESSARY TO PRODUCE THE ORIGINAL INSTRUMENT. THE
AUTHORITY GRANTED HEREIN TO CONFESS JUDGMENT AGAINST MAKER SHALL
NOT BE EXHAUSTED BY ANY EXERCISE THEREOF, BUT MAY BE EXERCISED FROM
TIME TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR UNTIL PAYMENT IN
FULL OF ALL AMOUNTS DUE HEREUNDER.
VTl)"PT"'.....;~<'........,1>.T"t~
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"
The provisions of this Note may not be changed, modified or terminated orally, but only by
an agreement in writing signed by both the Maker and the Holder of this Note, nor shall any waiver
be applicable except in the specific instance for which it is given.
This Note shal1 be construed and governed by the laws of the Comonwealth of Pennsylvania
and shall bind the Maker, its successors and assigns, for the benefit of the Payee. The Maker accepts
the jurisdiction over itself and over this Note of any state and federal courts located in the
Comonwealth of Pennsylvania as the Payee may reasonably designate. The provisions of this Note
are severable and the invalidity or unenforceability of any provision shall not alter or impair the
remaining provisions of this Note.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the Maker has
caused the due execution hereof the day and year first above written.
ATTEST:
KLP ENTERPRISES, INC.,
tJdlb/aLINDHAMCOURT APARTMENTS
(Assistant) Secretary
BYP- / ~ 1-1"
Keith L. Plasterer, President
"Maker"
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LAW OFFICES OF
MILLER & ASSOCIATES, PC
William E. Miller, Jr,
1822 MARKET STREET. CAMP HILL, PA 17011
TEL: (717) 737-9210. FAX: (717) 737-9215 ,
Of Counsel:
Michael L. Bangs
18 December 2003
KLP Enterprises, Inc" tJd/b/a
, Lindham Court Apartments
1101 Lindham Court, Apartment 704
Mechanicsburg, PA 17055
Attn: Keith L. Plasterer, President
fILE COpy
Re: Upper Allen Township v. KLP El(lterprises, Inc,
tJd/b/a Lindham Court Apartments
Delinquent Sewer Charqes and Judqments
NOTICE OF DEFAULT
Dear Mr. Plastefer:
Notice is hereby given to you of the Default by you and KLP Enterprises, Inc"
tJd/b/a Lindham Court Apartments, under the terms of the Promissory Note that KLP
Enterprises, Inc., gave to Upper Allen Township by date of 7 August 2003 in the
princip\3.1 amount of $75,504.14. According to the Note, which you executed, a payment
of $10,000, plus interest was due on or before 30 November 2003. It is now
18 December, and even after numerous courtesy telephone calls to your attorney,
Anthony P. Tabasso, Esquire, reminding him of the payment due, we have not heard a
word from you or him, nor'have we received the payment due. In addition, you have
failed to make full payment of the outstanding currently due quarterly sewer charges.
Therefore, Upper Allen Township, in accordance with the Settlemenl Agreement
executed by you on 7 August 2003, intends to enter judgment for the entire balance
due of the Promissory Note in the Court of Common Pleas of Cumberland County and
to immediately initiate legal proceeding to execute and collect on said judgment, in the
event the Maker, KLP Enterprises, Inc" fails to cure the above said default within seven
(7) days after the date hereof
Very truly yours,
MILLER & ASSOCIATES, PC
By ~ ::::>
William E. Mi.ller, Jr.
cc:l! , Anthony P. Tabasso, Esquire
Mark E. Lewis, P.E., President
Richard S. Laskey, Acting Township Manager
Sharon K. Regal, Sewer Billing Clerk Exhibit 3
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00591 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UPPER ALLEN TOWNSHIP
VS
KLP ENTERPRISES INC T/D/B/A LI
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
KLP ENTERPRISES INC T/D/B/A LINDHAM COURT APARTMENTS
the
DEFENDANT
, at 1113:00 HOURS, on the 12th day of February, 2004
at 1101 LINDHAM COURT
APARTMENT 704
MECHANICSBURG, PA 17055
by handing to
KELLY EDDERTON, MANAGER
a true and attested copy of COMPLAINT & NOTICE
together with
CONFESSION OF JUDGEMENT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.28
.00
10.00
.00
36.28
;::~~~~
R. Thomas Kline
02/17/2004
MILLER & ASS
eputy Sheriff
Sworn and Subscribed to before By:
me this ~3~ day of
..1C% ,}ov'f A.D.
,/""
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rotenotary , f~
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UPPER ALLEN TOWNSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KLP ENTERPRISES, INC., No. 04-591 Civil Term
t1d/b/a L1NDHAM COURT
APARTMENTS
Defendant : CIVIL ACTION
Notice Under Rule 2958.1 of Judament and Execution Thereon
Notice of Defendant's Rights
To: KLP Enterprises, Inc., t1d/b/a Lindham Court Apartments, Defendant
1101 Lindham Court, Apartment 704
Mechanicsburg, PA 17055
A judgment in the amount of $85,267.91 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment
contained in a written agreement or other paper allegedly signed by you. The sheriff
may take your money or other property to pay the judgment at any time after thirty (30)
days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER
THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE
YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00591 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UPPER ALLEN TOWNSHIP
VS
KLP ENTERPRISES INC T/D/B/A LI
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE UNDER RULE 2958.1 was served upon
KLP ENTERPRISES INC T/D/B/A LINDHAM COURT APARTMENTS
the
DEFENDANT
, at 1623:00 HOURS, on the 22nd day of March
, 2004
at 1101 LINDHAM COURT
APARTMENT 704
MECHANICSBURG, PA 17055
by handing to
JAMIE PLASTER, MANAGER
a true and attested copy of NOTICE UNDER RULE 2958.1 together with
OF JUDGEMENT & EXECUTION THEREON
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.90
.00
10.00
.00
34.90
r'>A?-~~~
R. Thomas Kline
03/23/2004
MILLER & ASSOC
Sworn and Subscribed to before
By:
- ~-,---'- 'i' /;1'.4 ,-
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,i De'puty Sheriff
me this "N ~
day of
~ ~1Jo'-f A.D.
C /;'44-<-- D. ~(jf,., ~
'Prothonotary ,
UPPER ALLEN TOWNSHIP,
Plaintiff
IN THE COURlf OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 04-591 Civil Term
KLP ENTERPRISES, INC.,
tJd/b/a L1NDHAM COURT
APARTMENTS
Defendant : CIVIL ACTION
PETITION FOR SUPPLEMENTARY RELIEF
IN AID OF EXECUTION. Pa.R.G.P. 3118
Now comes the Plaintiff, by MILLER & ASSOCIATES, PC, and petitions the
Court as follows:
1. On 10 February 2004, the undersigned confessed judgment against the
Defendant.
2. On 12 February 2004, the Sheriff of Cumberland County served process on
the Defendant.
3. A Praecipe for the issuance of a Writ of Execution and related documents
was filed even date herewith, but has not yet been served on the Defendant and
garnishees.
4. The Writ seeks enforcement of the judgment by, inter alia, levy upon the
Defendant's real and personal property located at 1101 Lindham Court in Upper Allen
Township, Cumberland County, Pennsylvania.
5. It is believed and therefore averred that intangiible personal property of the
Defendant is regularly transferred to other entities owned or controlled by, or persons
related to, Keith L. Plasterer, corporate officer and owner of Defendant corporation.
6. Unless the Court enjoins the transfer of Defendant's tangible and intangible
property, the Defendant may deny the Plaintiff of assets properly subject to execution.
7. The property sought to be protected by a Rule 3118 order are Defendant's
bank accounts at Mid Penn Bank, and all financial accounts in the name of the
Defendant.
WHEREFORE, Plaintiff respectfully requests the Court to enter an order
enjoining the Defendant and its officers, shareholders and agents from transferring any
property to another person or entity.
Respectfully submitted,
MILLER & ASSOCIATES, PC
Dated: r;~:? /of
BY~~
William E. Miller, Jr.
1822 Market Str
Camp Hill, P 17011
Attorney I 07220
(717) 737'-9210
Attorneys for Upper Allen Township
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UPPER ALLEN TOWNSHIP,
Plaintiff
IN THE COUIU OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KLP ENTERPRISES, INC.,
t1d/b/a L1NDHAM COURT
APARTMENTS
No. 04-591 Civil Term
Defendant
PETITION FOR SEQUESTRATION OF RENTS
Pa.R.C.P.3114
Now comes the Plaintiff, by MILLER & ASSOCIATES, PC, and petitions the
Court as follows:
1. On 10 February 2004, the undersigned confessed judgment against the
Defendant.
2. On 12 February 2004, the Sheriff of Cumberland County served process
on the Defendant.
3. A Praecipe for the issuance of a Writ of Execution and related
documents was filed even date herewith.
4. The Writ seeks enforcement of the judgment by levy upon the
Defendant's real property owned in fee, and located at 1101 Lindham Court in Upper
Alien Township, Cumberland County, Pennsylvania, more particularly described as tax
parcel number 42-24-0792-006, Deed Book 0036C, Page 904.
5. The realty at 1101 Lindham Court is improved with eight (8) buildings,
each containing twelve (12) residential apartments, for a total of ninety-six (96) units.
6. The Defendant as landlord collects rent from the tenants of the 96 apart-
ments.
7. It is believed and therefore averred that the primary owner of Defendant
diverts income from the realty, including rent monies, to other entities under his control.
8, Upon petition, Pa.R.C.P. 3114 allows the Sheriff (or a Sequestrator
appointed by the Court) to "collect any rent, interest, principal or other sum becoming
due to the defendant, to exercise any powers possessed by the defendant as landlord
[& etc.]...."
WHEREFORE, it is respectfully requested that th,e Court order the Sheriff to:
a. Collect rents and other income becoming due to the Defendant from tenants
or other parties of the aforestated realty;
b. Notify the tenants that until further Order, they are required to remit all further
payments to the Sheriff that are due to the Defendant; and
c. Sequester monies collected for satisfaction of the judgment and payment of
costs herein.
Respectfully submitted,
MILLER & ASSOCIATES, PC
D"'" ~P/oy
BY~
William E Miller, Jr.
1822 Market Str
Camp Hill, P 7011
Attorney ID 07220
(717) 737..9210
Attorneys for Upper Allen Township
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UPPER ALLEN TOWNSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KLP ENTERPRISES, INC., No. 04-591 Civil Term
t1d/b/a L1NDHAM COURT
APARTMENTS
Defendant : CIVIL ACTION
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED JUDGMENT
TO THE PROTHONOTARY:
Issue Writ of Execution upon a judgment entered by confession in the above
matter,
(1) directed to the Sheriff of Cumberland County;
(2) against KLP Enterprises, Inc., Ud/b/a Lindham Court Apartments, defendant;
(3) against the following garnishees:
Keith L. Plasterer
1101 Lindham Court, Apt. 704
Mechanicsburg, PA 17055
Keith L. Plasterer
36 Kelly Drive
Carlisle, PA 17013
Mid Penn Bank
4622 Carlisle Pike
Mechanicsburg, PA 17055
Carlisle Sports Emporium, Inc" Ud/b/a "Sports Emporium Fastrack"
29 South Middlesex Road
Carlisle, PA 17013
(4) and index this Writ
(a) against KLP Enterprises Ud/b/a Lindham Court Apartments, defendant,
and
(b) against n/a , as garnishee as a lis pendens
against real property of the defendant in the name of garnishee as fol-
lows:
n/a
(Specifically describe property)
(5) Amount due
Interest from 7 August 03
Attorneys' Fees
[Costs to be added]
$
$
$
$
7,500.00
75,504.14
CERTIFICATION
I certify that:
(a) This Praecipe is based upon a judgment entered by confession, and
(b) the Prothonotary is authorized to issue the Writ because notice has been
served pursuant to Rule 2958.1 as evidenced by a return of service filed of record.
Respectfully submitted,
MILLER & ASSOCIATES, PC
'I/73)Y
By
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William E. Miller, Jr.
1822 Market Str
Camp Hill, PA 7011
Attorney 10 07220
(717) 737-9210
Attorneys for Upper Allen Township
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-591 Civil
CIVIL ACTION - LAW
TO THE SHERlFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UPPER ALLEN TOWNSHIP, Plaintiff (s)
From KLP ENTERPRISES, INC., T/D/B/A LINDHAM COURT APARTMENTS, 1101
LINDHAM COURT, APARTMENT 704, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of KEITH L. PLASTERER, 1101 LINDHAM COURT, APT. 704, MECHANICSBURG, PA 17055
-- KEITH L. PLASTER, 36 KELLY DRIVE, CARLISLE, P A 17013 -- MID PENN BANK, 4622
CARLISLE PIKE, MECHANICSBURG, PA 17055 -- CARLISLE SPORTS EMPORIUM, INC.,
T/D/B/A" SPORTS EMPORIUM FASTRACK", 29 SOUTH MIDDLESEX ROAD, CARLISLE,
PA 17013
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $75,504.14
Interest FROM 8/7/03
L.L. $.50
Atty's Comm %
Due Prothy $1.00
Other Costs ATTORNEYS' FEES $7,500.
Atty Paid $108.18
Plaintiff Paid
Date: APRIL 23, 2004
CURTIS R. LONG
(Seal)
Prothon~ n ~
......... By: ~tJn." .t-"'. ", rClZ-'~8~
Deputy
REQUESTING PARTY:
Name WILLIAM E. MILLER, JR., ESQUIRE
Address: MILLER & ASSOCIATES, PC
1822 MARKET STREET
CAMP ffiLL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-737-9210
Supreme Court ill No. 07220
APR 2 6 2004 {
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UPPER ALLEN TOWNSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
No, 04-591 Civil Term
KLP ENTERPRISES, INC.,
tJd/b/a L1NDHAM COURT
APARTMENTS
Defendant : CIVIL ACTION
Re. Petition For Supplementary Relief in Aid of Execution - Pa.R.C.P. 3118
ORDER
NOW. this J,rfl day of ~_., 2004, a Rule 15 issued upon the
Defendant to show cause why it should not be enjoined from transferring property in its
possession or control to another person or entity,
This Rule is returnable
Ie> r\^~~*2J.... roJUHl' 0,
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"lJlJilliam E. Miller, Jr, Esquire
/ for Upper Allen Twp, Plaintiff
vf<LP Enterprises, Inc" tld/b/a
Lindham Court Apartments, Defendant
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AI'R 2 6 2004 ti
IN THE COURT OF COMMON PLEAS OF ~
CUMBERLAND COUNTY, PENNSYL V"fIA"?JC1t
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AND NOW, ~ 27 ,2004, it is ORDERED that the SheritMSflii i:!: '
Cumberland County is hereby directed to collect any rent, interest, principal or other
sum due to the defendant, to exercise any powers possessed by the defendant as
landlord, mortgagee, life tenant, judgment creditor, lien holder, vendor or otherwise,
and to account to this Court, as follows:
1. The Sheriff shall from this day forward until the judgment is satisfied, collect
rents from all the tenants of Lindham Court Apartments located at 1101 Lindham Court,
Upper Allen Township, Cumberland County, Pennsylvania.
2. The Sheriff shall without delay provide to the occupant of each and every unit
of Lindham Court Apartments a printed notice containing:
a. A copy of this order; and
b. The Sheriffs mailing address to where tenants shall deliver their rents.
3. The Sheriff shall account to this Court for rents received and expenses
UPPER ALLEN TOWNSHIP,
Plaintiff
v.
No. 04-591 Civil Term
KLP ENTERPRISES, INC.,
tJd/b/a L1NDHAM COURT
APARTMENTS
Defendant
Re: Petition for Sequestration of Rents - Pa.R.C.P. 3114
incurred in collecting said rents, which expenses shall be deemed Sheriffs costs.
cc:
William E. Miller Jr., Esquire,
for Upper Allen Township
KLP Enterprises, Inc., tJd/b/a Lindham Court Apartments
Tenants of Lindham Court Apartments
By the Court:
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-00591 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
UPPER ALLEN TOWNSHIP
VS
KLP ENTERPRISES INC T/D/B/A LI
And now BRIAN BARRICK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0020:25 Hours, on the 26th day of May
, 2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
KLP ENTERPRISES INC T/D/B/A
LINDHAM COURT APARTMENTS
in the
hands, possession, or control of the within named Garnishee
KEITH L. PLASTERER 36 KELLEY DRIVE
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
KEITH L. PLASTERER
personally three copies of interogatories together with 3
true
and attested copies of the within NOTICE
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
~~~~~~~
R. Thomas Kline
Sheriff of Cumberland
00/00/0000
~/!~heriff
Sworn and subscribed to before me
this ,}"" day OfCJu--
.2oP~ A.D.
.O~.#
Pr notary ,
By
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-00591 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
UPPER ALLEN TOWNSHIP
VS
KLP ENTERPRISES INC T/D/B/A LI
And now BRIAN BARRICK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0018:35 Hours, on the 25th day of May
2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
KLP ENTERPRISES INC T/D/B/A
LINDHAM COURT APARTMENTS
, in the
hands, possession, or control of the within named Garnishee
CARLISLE SPORTS EMPORIUM 29 S. MIDDLESEX ROAD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE FULLMER (SUPERVISOR)
personally three copies of interogatories together with 3
true
and attested copies of the within NOTICE
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So answers:
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R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 3d... day Off.}fJ.N<.,....
;2{)p'f A.D.
(-'t. ,t.<<..- 0 "nt,i.t,. , AP.5L j
pr~otary J ,-7
By
~lSheriff
00/00/0000
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-00591 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
UPPER ALLEN TOWNSHIP
VS
KLP ENTERPRISES INC T/D/B/A LI
And now RON E. HOOVER
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0012:51 Hours, on the 20th day of May
, 2004, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
KLP ENTERPRISES INC T/D/B/A
LINDHAM COURT APARTMENTS
, in the
hands, possession, or control of the within named Garnishee
MID PENN BANK 4622 CARLISLE PIKE
MECHANICSBURG, PA 17055
Cumberland County, Pennsylvania, by~anding to
KELLY KUNKLE (HEAD TELLER)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So answers:
~q~u~ /~.
R. Thomas Kl:L~_1li ~
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed to before me
this 3M. day of (]~
";",, 'f A. D . 7"
()~11 ~ ..1....,-
Ptothonotary - '7/7 .
By
)?~ /~/
Deputy Sheriff
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
TOTAL $
18.00
4.18
Advance Costs: 150.00
Sheriffs Costs: 150.00
$ 000.00
.50
1.00
19.32
40.00
40.00
Refunded to Attyon 11/17/04
27.00
150..00
Sworn and Subscribed to before me
/i.>
This 0 t;. ~ day of tJ.tu~
2004 AD. C4:t,1L.- (2 "J7uM~ #
thonotary
So Answers' ,
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R. Thomas Kline, Sheriff
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WRIT OF EXECUTION and/or ATTACHMENT
,.
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-591 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UPPER ALLEN TOWNSHIP, Plaintiff (s)
From KLP ENTERPRISES, INC., TIDIB/A LlNDHAM COURT APARTMENTS, 1101
LlNDHAM COURT, APARTMENT 704, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) Yon are also directed to attach the property of the defendant(s) not levied upon in the possession
of KEITH L. PLASTERER, 1101 LlNDHAM COURT, APT. 704, MECHANICSBURG, PAl 7055
- KEITH L. PLASTER, 36 KELLY DRIVE, CARLISLE, P A 17013 -- MID PENN BANK, 4622
CARLISLE PIKE, MECHANICSBURG, P A 17055 -- CARLISLE SPORTS EMPORIUM, INC.,
TIDIB/A " SPORTS EMPORIUM FASTRACK", 29 SOUTH MIDDLESEX ROAD, CARLISLE,
PA 17013
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $75,504.14
Interest FROM 8/7/03
L.L. $.50
Atty's Comm %
Atty Paid $108.18
Plaintiff Paid
Date: APRIL 23, 2004
Due Prothy $1.00
Other Costs ATTORNEYS' FEES $7,500.
CURTIS R. LONG
(Seal)
protho~ [} ~
"-----Bv: n...,.. tJ _ ~L J---
-
Deputy
REQUESTING PARTY:
Name WILLIAM E. MILLER, JR., ESQUIRE
Address: MILLER & ASSOCIATES, PC
1822 MARKET STREET
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-737-9210
Supreme Court ID No. 07220
UPPER ALLEN TOWNSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
, No, 04-591 CIVIL TERM
KLP ENTERPRISES, INe.,
t/d/b/a LlNDHAM COURT APARTMENTS,
Defendant
PRAECIPE TO SATISFY CONFESSED JUDGMENT
TO THE PROTHONOTARY:
Please withdraw the cqnfessed judgment filed 10 February 2004 against Defendant in the amount of
$85,267.91. 111ejudgment has been satisfied and paid in full. A Writ of Execution, dated 23 April 2004, was
stayed and never served nor executed upon Defendant. The Order of Sequestration of Rents issued 27 April
2004 was never served upon the tenants of Lindham Court Apartments.
Dated ;J / =r /0/
~~~-
William E. Miller, If., Esquir
MILLER & ASSOCIATES, PC
1822 Market Street
Camp Hill, PA 17011
(717) 737-9211
(717) 737-9215
ID No, 07220 and 82099
UPPER ALLEN TOWNSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
No, 04.291 CIVIL TERM
KLP ENTERPRISES, INC.,
t/dJb/a LINDHAM COURT APARTMENTS,
Defendant
CERTIFICATE OF SERVICE
I, William E. Miller, Esquire, attomey fur Upper Allen Township, hereby certity that I have caused a true
and correct copy of the foregoing Praecipe to be served by first class mail, postage prepaid, on tbe date set forth
below, upon the following individual:
Keith 1. Plasterer
KLP Enterprises, Inc.,
t/b/d/a Lindham Court Apartments
1101 Lindham Court, Apartment 704
Mechanicsburg, PA 17055
Keith 1. Plasterer
36 Kelly Drive
Carlisle, PA 17013
Dated: 17 March 2005
c.
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